GAL decision

[Romersgirl]

DH and I are fighting for physical custody of OSS (5) and YSS (3 1/2).  We are in VA and the current custody order states BM and DH have joint custody and grandma has physical custody.  

The GAL did a home study on this week and was very clear on her intentions and recommendations, that she was going to recommend to the judge that we get full custody.  And that BM get supervised visits only.  She saw how BM had coached the boys on what to say and again was very clear on what she was going to say to the judge.

Last night we found out more about BM that BM just this week let YSS sleep in the bed with her and her new boyfriend of a month.  And that she again coached OSS not to tell us.  YSS also informed us he was in a bar Wed night watching his papa sing and played some games (this is a very very low class place).  I have called and left the GAL a message with all this.

1.  Is there anything else I can do besides tell the GAL.

2.  Is it unlikely for a judge to go against a GAL's recommendations (I know you don't like to speculate, but I'm asking majority of cases.)

3.  Since we filed for an amendment to a current order for physical custody and not full legal custody but now new information has come to light and the GAL thinks that BM is unfit to have them unsupervised is there anyway to amend the petion we filed without getting another court date?
thanks!

[socrateaser]

>1.  Is there anything else I can do besides tell the GAL.

No, and frankly, the fact that a place is "low class", in your opinion, is entirely irrelevant, and tends to show a rather substantial bias and hostility towards others, so I suggest that you keep this opinion to yourself.

>
>2.  Is it unlikely for a judge to go against a GAL's
>recommendations (I know you don't like to speculate, but I'm
>asking majority of cases.)

Most of the time, the judge will affirm the GAL's recommendations, especially if it strongly favors one parent over the other.

However, if you don't have the final report, yet, I wouldn't count on it strongly favoring you. GALs frequently say things to the parent who they're interviewing, in order to gain their confidence to obtain more useful evidence.

>
>3.  Since we filed for an amendment to a current order for
>physical custody and not full legal custody but now new
>information has come to light and the GAL thinks that BM is
>unfit to have them unsupervised is there anyway to amend the
>petion we filed without getting another court date?
>thanks!

If you have the report, and it strongly favors you, and you have already alleged a substantial change in circumstances and moved for a change of custody, then you could just file a supplimentary brief (or a separate motion, if you'd prefer), requesting that the GAL's recommendations be affirmed in full, and you can waive your right to an oral hearing on the motion, unless the other party requests one.